Children and Young Persons (Scotland) Act 1937

Part VIIS Miscellaneous and General

100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1S

Textual Amendments

101 Powers, duties and expenses of local authorities, &c.S

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(2)Expenses incurred under this Act by an education authority shall be defrayed in like manner as expenses of the authority under [F3the Education (Scotland) Act 1962], . . . F4

Provided that expenses incurred in respect of a child or young person brought to a poorhouse under this Act shall form part of the establishment charges of the poorhouse.

[F5(2A)Expenses incurred under this Act by a local authority shall be defrayed in like manner as the expenses of that authority under the M1Social Work (Scotland) Act 1968.]

F6(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(7)A local authority, an education authority . . . F4 or a committee to whom any powers of any such authority under this Act have been delegated, may by resolution empower the clerk or other officer of the authority to exercise in the name of the authority in any case which appears to him to be one of urgency any powers of the authority or, as the case may be, of the committee with respect to the institution of proceedings under this Act.

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F3Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F6S. 101(3) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F8Ss. 59(1), 60, 61, 65, 66, 68–81, 83–85, 87(6), 88–98, 101(5)(6), 106, 107(2), 109, 111, 112, Schs. 2, 3 repealed by Social Work (Scotland) Act 1968 (c. 49), s. 95, Sch. 9 Pt. I

Marginal Citations

Supplementary Provisions as to Legal ProceedingsS

102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10S

Textual Amendments

103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11S

Textual Amendments

[F12103 Proof of age a defence.S

Where a person is charged with an offence under this Act in respect of a person apparently under a specified age, it shall be a defence to prove that the person was actually of or over that age.]

Textual Amendments

F12S. 103 added (1.4.1996) by 1995 c. 40. ss. 5, 7(2), Sch. 4 para. 3(1)(3)

104 Evidence of wages of defendant.S

In any proceedings under this Act a copy of an entry in the wages book of any employer of labour, or if no wages book be kept a written statement signed by the employer or by any responsible person in his employ, shall be evidence that the wages therein entered or stated as having been paid to any person, have in fact been so paid.

105 Summary jurisdiction.S

(1)Subject to the provisions of this Act, all orders of a court of summary jurisdiction under this Act shall be made, and all proceedings in relation to any such orders shall be taken, in manner [F13provided by the M2Criminal Procedure (Scotland) Act 1975].

(2)Any magistrate who, by virtue of a local Act had jurisdiction before the first day of April nineteen hundred and nine for any of the purposes of the M3Prevention of Cruelty to Children Act 1904, shall have jurisdiction for the like purposes of Part II of this Act.

Textual Amendments

Marginal Citations

Supplementary Provisions as to Secretary of StateS

106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14S

Textual Amendments

107†Exchequer grants and expenses of Secretary of State and Scottish Education Department.S

(1)There shall be paid out of money provided by Parliament—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(b)any expenses incurred by the Secretary of State . . . F16 in the administration of this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

Modifications etc. (not altering text)

C1Unreliable marginal note.

108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18S

Textual Amendments

GeneralS

109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19S

Textual Amendments

110 Interpretation. S

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is say:—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

  • “Borstal institution” means an institution established under [F21section 31 of the M4Prisons (Scotland) Act 1952];

  • F22...

  • “Child” (except [F23in [F24Parts III and IV]] of this Act) means a person under the age of fourteen years;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

  • “Court of summary jurisdiction” means the sheriff or any two or more justices of the peace or any magistrate or magistrates by whatever name called officiating under the provisions of any general or local police Act;

  • “Guardian,” in relation to a child or young person, includes any person who, in the opinion of the court having cognizance of any case in relation to the child or young person or in which the child or young person is concerned, has for the time being the charge of or control over the child or young person;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

  • “Justice” . . . F27 includes the sheriff and any such magistrate as aforesaid;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

  • “Legal guardian” in relation to a child or young person means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction;

  • F22...

  • [F29“Local authority” means a [F30council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]];

  • [F31“parental responsibilities” has the same meaning as in section 1(3) of the Children (Scotland) Act 1995 and includes the responsibilities which [F32 —]

    (a)

    a father would have as a parent but for the operation of section 3(1)(b) of that Act;

    (b)

    [F33a second female parent would have as a parent but for the operation of section 3(1)(d) of that Act.]]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

  • “Passage” includes common close, or common stair, or common passage;

  • [F34“place of safety” has the meaning give by section 93(1) of the Children (Scotland) Act 1995;]

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

  • “Prescribed” means prescribed by regulations made by the Secretary of State . . . F36;

  • “Public place” includes any public park, garden, sea beach or railway station, and any ground to which the public for the time being have or are permitted to have access, whether on payment or otherwise;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

  • [F38[F34“residential establishment” has the meaning given by the said section 93(1);]]

  • “Street” includes any highway and any public bridge, road, lane, footway, square, court, alley or passage whether a thoroughfare or not;

  • [F39“Training school order” has the same meaning as in the M5Social Work (Scotland) Act 1968];

  • “Young person” means a person who has attained the age of fourteen years and is under the age of seventeen years.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(3)(a) For the purpose of any provision of this Act referring to a court acting for any place—

(i)a court entitled to exercise jurisdiction in any place shall be deemed to be a court acting for that place;

(ii)the sheriff court, and the justice of the peace court for any county . . . F27 shall each be deemed to be a court acting for the same place as the burgh or police court of any burgh situated in that county or area, as the case may be;

(iii)the sheriff court for any county shall be deemed to be a court acting for the same place as the justice of the peace court for that county;

(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

and save as aforesaid no court shall be deemed to be a court acting for the same place as any other court.

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

(4)References in this Act to findings of guilty and findings that an offence has been committed shall be construed as including references to pleas of guilty and admissions that an offence has been committed.

(5)References in this Act to any enactment or to any provision in any enactment shall, unless the context otherwise requires, be construed as references to that enactment or provision as amended by any subsequent enactment including this Act.

Textual Amendments

F21Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F30Words in s. 110(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 21; S.I. 1996/323, art. 4(1)(b)(c)

F31Definition of “parental responsibilities” inserted (1.11.1996 subject to arts. 4, 7 of the commencing S.I.) by 1995 c. 36, s. 105(4), Sch. 4 para. 7(6)(a) (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.

F32Words in s. 110(1) renumbered as paragraph (a) (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 41(a); S.I. 2009/479, art. 6(1)(e) (with art. 7, Sch.); S.I. 2009/479, art. 6(2) (with art. 7, Sch.) (as amended (1.9.2009) by S.I. 2009/2232, art. 3)

F33Words in s. 110(1) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 41(b); S.I. 2009/479, art. 6(1)(e) (with art. 7, Sch.); S.I. 2009/479, art. 6(2) (with art. 7, Sch.) (as amended (1.9.2009) by S.I. 2009/2232, art. 3)

F34Definition of “place of safety” and “residential establishment” substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 7(6)(b)(c) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

Modifications etc. (not altering text)

C2Jurisdiction of justice of the peace courts, burgh courts and police courts now exercisable by district courts: District Courts (Scotland) Act 1975 (c. 20), ss. 1(1), 3(1)

C3Reference to sheriff court for a county to be construed as reference to sheriff court of a sheriffdom: Sheriff Courts (Scotland) Act 1971 (c. 58), Sch. 1 para. 1

Marginal Citations

M41952. c. 61.

111, 112.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42S

Textual Amendments

113†Short title, commencement, extent and repeals.S

(1)This Act may be cited as the Children and Young Persons (Scotland) Act 1937.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

(3)Save as therein otherwise expressly provided, this Act shall extend only to Scotland.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

Textual Amendments

Modifications etc. (not altering text)

C4Unreliable marginal note.